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OYSTER CULTURE IN 
NORTH CAl^OLINA. 
By Robert E.CokQr. 




Glass SH^^ 



THE NORTH CAROLINA GEOLOGICAL SURVEY. 

JOSEPH HYDE PRATT, Acting State Geologist. 



Economic Paper No. 10. 



OYSTER CULTURE 



NORTH CAROLINA 



ROBERT E. COKER. 




RALEIGH : 

E. M. UzzELL & Co., State Printers and Binders. 

1905. 



Monograpt). 



I 



THE NORTH CAROLINA GEOLOGICAL SURVEY. 

JOSEPH HYDE PRATT, Acting State Geologist. 



Economic Paper No. 10. 



OYSTER CULTURE 



NORTH CAROLINA 



ROBERT E. COKER. 




RALEIGH : 

E. M. UzzELL & Co., State Printers and Binders. 

1905. 



APR 2 1913 






2 

^ 



TABLE OF CONTENTS. 



PAGE. 

Letter of Transmittal 6 

Introduction 7 

Objects of the investigation 8 

Can oysters be profitablj' cultivated in North Carolina waters? 8 

Is oyster cultivation now an indiistry of importance in North Caro- 
lina? 8 

Can a State, by investigation and legislation, encourage the develop- 
ment of this industry? 10 

An incontestable title 10 

How may existing conditions be remedied? 12 

Protection of the natural rocks 1.3 

Protection of natural clam beds 1.5 

Liberty of lessee and seed culture 1.5 

Maximum area 17 

Rental of bottoms 18 

Reversion of bottoms to the State 19 

Term of lease 19 

Conclusion 19 

Present laws I'elating to leasing of bottoms 20 

North Carolina laws relating to oysters 22 

Oyster beds 22 

Natural, defined 22 

Planted in certain territory 22 

How license is obtained 22 

County commissioners to cause survey to be made 23 

Under control of the State 23 

How beds are entered 24 

How leased 24 

Secretary of State to issue grant ; amount granted limited 25 

Price paid for franchise 26 

Liable to taxation 26 

Books of records of grants kept 26 

Form of grants approved by attorney-general 26 

Catching oysters 26 

Close season, exception 26 

At night or on Sunday 27 

. Illegal dredging 27 

Catching oysters without license 27 

Using boats not licensed 27 

Displaying false number on boat 27 

Failure to stop and show oyster license 28 

False statement in application for oysterman's license 28 

Dredging in prohibited waters 28 



4 TABLE OF CONTEXTS. 

Xortb Carolina laws irlatiii.;^ to oysters — contmved. 

Catching oj'Sters — continued. page. 

Selling oy.'^ters not culled :i8 

Oysters where purchased to be carried out of the State 2S 

Unloading oysters on Sunday or at night 20 

Dealing in oysters without license 29 

Dealer failing to keep record 29 

Evidence of illegal dredging 29 

Arrests without warrant, when and how made 30 

Using illegal measures for oysters :J0 

Catching oysters for lime 3(» 

Larceny of oysters on private beds 30 

Oysters caught at night ; injury to private beds 30 

Oyster Industry Regulated 31 

Commissioner and assistant, bow appointed, removed; term; 

salary ; bond ; oath of office 31 

Inspectors, how appointed; term; salary; l)ond; oath of office. ... 31 

Duties of the oyster commissioner 32 

Duties of the assistant commissioner 32 

Duties of inspectors 32 

AVho may be licensed to catch oysters 33 

How license obtained to catch oysters ; who may issue ; form of . . . 33 

License for boat used in catching oysters 34 

License to oyster dealers 35 

Licenses reported monthly 3," 

Dredging, when allowed; prohibited territory 35 

Governor may suspend right to dredge 36 

Oysters culled on grounds 36 

Oysters not culled and put on public grounds 36 

Dimensions of oyster measure 37 

Dealers to keep records 37 

Purchase tax 37 

Vessels with oysters, when allowed to go through canals ;j8 

Shells scattered on oyster beds 38 

Oyster funds kept separate, how paid out 38 

Clams 38 

Sale of oysters and clams on the streets : 38 

Oysters misbranded or adulterated 39 



GEOLOGICAL BOARD. 



Governor R. B. Glexn. cr officio Chairman Raleigh. 

Henry E. Fries Wiustou-Salem. 

Frank R. Hewitt Asheville. 

Hugh MacRae Wilmiugton. 

Frank Wood Eclenton. 



Joseph Hyde Pratt, Acting State Geologist Chapel Hill. 



LETTEE or TKAA^SMITTAL. 



Ealeigh, K C, December 1, 1!)05. 

To His ExceJJency, Hox. Robert B. Glenx, 

Governor of North Carolina. 

Sik: — I have the honor to submit for publication, as the tenth of 
the series of Economic Papers, a special report on Oyster Culture in 
jSTorth Carolina. In connection with the development of our ovster 
industry there are certain questions that are constantly being raised, 
and an attempt has been made to answer these in this paper. 

Yours obediently, 

Joseph Hyde Pratt, 
Ading State Geologist. 



OYSTER CULTURE IN NORTH CAROLINA. 



By Robert E. Cokee. 



INTRODUCTION. 

Ill connection \vitli the experimental work of the Fisheries Labo- 
ratory establislied at Beaufort, Carteret County, Xorth Carolina, 
investigations have been conducted by the North Carolina Geologi- 
cal Survey in conjunction with the United States Bureau of Fish- 
eries relative to the possibilities of oyster culture in Korth Carolina 
waters. From the first manj^ courtesies were extended by Mr. W. M. 
Webb, State Oyster Commissioner, and in the present year (1905) 
the Oyster Conimission has entered into cooperation with the Bureau 
and the Survey in continuing the experiments. These investiga- 
tions have extended over a period of years, and at first were carried 
on near Beaufort in N^ewport and iSTorth rivers ; but, owing to the 
success that was attained at these points, it was deemed advisable to 
try larger plants and a gTeater variety of bottoms, and for this purpose 
there was chosen the large and varied field offered by Pamlico Sound. 
In order to ascertain by actual trial what methods best suited particu- 
lar regions or bottoms, plants were made on different bottoms and in 
various localities. By visits at intervals of a few months these experi- 
mental beds have been kept under observation, and data have been 
accumulated regarding the set of "spat," rate of growth, and other 
biological and physical conditions. Such investigations, however, 
did not seem entirely adequate for the needs of the case, and, 
therefore, in order to gain as practical a view of the situation as 
possible, and in order to profit by all experiments of whatever nature 
and by whomsoever made, the work has been supplemented by obtain- 
ing the results and experience of those who have actually planted 
with a view to financial profit. 

It is not within the scope of the present paper to treat the direct 
results of the experiments and field observations, but rather to pre- 
sent certain observations and considerations which seem necessary to 
a proper understanding of the situation in regard to oyster culture. 

It was intended that this paper should be in print by January, 
1905, and ready for distribution at the convening of the Legislature, 
but owing to unavoidable circumstances its publication was delayed. 



*Prepared in co-operation with the U. S. Bureau of Fisheries and published with the consent of 
Hon. George M. Bowers, U. S. Commissioner of Fish and Fisheries. The Commissioner is not, how- 
ever, responsible for any of the views expressed herein. 



S OYSTER CULTURE. 

It was practicable only to bring the manuscript to the attention of 
some of the members of the legislative committees concerned with the 
matter of legislation relating to the oyster industry. The acts of the 
Legislature of 1905 in respect to the leasing of bottoms for the culti- 
vation of the oyster made such an improvement in the situation as 
seemed to require a thorough revision of the report. When, however, 
the full purpose of the paper is considered — the intention to give the 
people of the State some acquaintance Avith the condition of the indus- 
try of oyster cultivation and with some of the reasons for its want of 
development — it is thought best to present the paper essentially as 
originally prepared. 

The laws relating to the leasing of bottoms, as enacted by the Leg- 
islature of 1905, are given on page 20. 

OBJECTS OF THE INVESTIGATIONS. 

It has been the aim of the investigation to answer by experiment 
and personal inquiry the following questions : 

1. Can oysters be profitably cultivated in North Carolina waters ? 

2. Is oyster cultivation now an industry of any importance in 
ISTorth Carolina '. 

3. Can the State by investigation or legislation encourage the de- 
velopment of this industry ? 

1. Can oysters he jirofitahhj cultivated in North Carolina waters? 

When we consider the abundance of the yield of the natural oys- 
ters and the very fine quality of the oysters of many places such as 
Harbor Island, Lar Creek, Judith's Island, and 'Ne^x River, or if we 
regard the demand for jSTorth Carolina oysters in wholesale markets 
of Xorfolk and other points, we find strong evidence in favor of an 
affirmative ansAver to the first question. The results that have been 
obtained in the experimental work in ISTewport River, which are de- 
scribed in the report of Dr. Grave,* are in accord with the verdict 
given above, as is also the general opinion of planters -who have 
taken up the cultivation of oysters from a financial standpoint. Of 
all the planters who have been interviewed, there is but one who did 
not speak encouragingly in reference to this question. 

2. Is oyster cultivation now an industry of any importance in 

North Carolina? 

At the present time this question would have to be ansAvered nega- 
tiA'ely. At some points it was learned that there Avere many hold- 
ings, and at others that there had been, but that the claims had been 

•Bulletin N. C. Geological Survey. In press. 



OYSTER CULTURE. 9 

practically relinquished. Careful inquiries have been made at a 
number of points from Beaufort to Roanoke Island, but at no place 
was it found that the quantity of oysters planted per year or the 
amount marketed from private grounds was, from an economic point 
of view, worthy of consideration. One planter holds ten acres of 
bottom on which he annually plants, by estimate, 200 bushels of 
oysters, or not half the quantity that might safely be planted an- 
nually on one acre. Another planter uses 30 acres, held by himself 
and two other members of his family, and plants about 300 bushels 
of oysters one year, but plants none the next year. Still another 
planter had, formerly, still larger holdings, held through subleases, on 
which he at one time made very extensive plantings ; but since it was 
found impracticable to protect his oysters, or for some other reason, 
he has not for a number of years planted or marketed to any extent. 
The same stories, slightly varied, are heard again and again. But 
the fact should not be overlooked that at several points throughoiit 
the oyster district there are a few oystermen who annually make 
their small plants, and by this means not only do they add appre- 
ciably to their own income, but, better, they are demonstrating that 
the cultivation of the oyster is a feasible and profitable undertaking. 
There is, however, no community in ]^orth Carolina in which the 
industry is of such importance that, were all planting to stop 
abruptly, the fortunes of the community would be seriously dam- 
aged ; and this refers to an industry which, in other States, yields 
a product valued at hundreds of thousands of dollars. ISTo reason 
is found for believing that the cultivation of the oyster may not be 
profitable in the waters of ISTorth Carolina. The gTowth of oysters 
in this State is more rapid than in more northerly States and the 
conditions for seed production are more favorable. During the past 
few years, when Virginia planters have been in serious need of seed, 
when in Connecticut the oyster industry has been seriously menaced 
by dearth of spat,* the ISTorth Carolina waters have shown each year 
a satisfactorv set. 



* "A year ago it was the hope of the commissioners that the three years of partial and unsatis- 
factory set would be succeeded in 1903 by a full set which would re-seed the public grounds and re- 
stock Connecticut waters, but this has not been the case. The failure of the natural oyster beds of 
Connecticut in 1903 was more general and discouraging than that of the three years next preceding. 
* * * What a difference four poor years may make to the planters can be readily imagined, 
and to the worker on the natural ground it is simply destruction." (Report of the Shell-fish Com- 
mission of the State of Connecticut, 1903, pp. 11 and 12). 

" There has been no general set in New York waters since the year 1899. The abundance of that 
year has ever since furnished the trade with market stock and will carry the dealers over another 
year, during which, however, higher prices may be looked for. Should the next season not prove 
more bountiful in this particular, the planters will be in dire straits." (Ninth Annual Report of the 
Forest, Fish and Game Commission of the State of New York, transmitted to the Legislature, Jan. 
18, 1904, p. 102). 

" For the last two years there has been no oyster set, not only in our waters, but in waters 
adjoining us. As a very large supply of seed oysters which are planted in our State are produced in 
our neighboring State of Connecticut, we make the following extract from the last annual report of 
the Shell-fish Commissioners of that State as to sets there." (Then follows a quotation including 
the extract used above). (Annual Report of the Commissioners of Shell Fisheries made to the Gen- 
eral Assembly (of the State of Rhode Island or Providence Plantations) at its January session, 1904). 



10 OYSTEE CULTUEE. 

3. Can the State hy investigation or tefjt.sJa/ion encourage the 
dcretopment of this industry? 

As has been siig:gesteJ in the answer given to the first qnestion, the 
iincleveloi)ed condition of oyster cnltnre in North Carolina is not to 
be attribnted chiefly to natural conditions ; and the investigations that 
have been carried on during the past few years encourage the belief 
that oyster culture can be made a profitable industry, if the legisla- 
tive conditions governing the leasing of the bottoms can be changed 
so as to give the planter an incontestable title to the bottoms upon 
which he is making his plants. The physical and biological condi- 
tions are treated in detail in Dr. Grave's report and will not, there- 
fore, be discussed here ; but consideration will be given principally 
to the legislative conditions governing oyster culture. 

Some of the conditions that have persistently and insistently pre- 
sented themselves as provisions necessary for the development of 
oyster culture in North Carolina are taken up in detail under the fol- 
lowing heads : 

1. An incontestable title. 

2. Protection of the natural rocks. 

3. Protection of the natural clam beds. 

4. The liberty of lessee as regards methods and seed culture. 

5. Maximum area. 

6. The annual rent of bottoms. 

7. The reversion of bottoms to the State. 

8. Term of lease. 

I. AN INCONTESTABLE TITLE. 

The most essential condition relating to the development of oyster 
cultivation in North Carolina waters is that the title of the lessee 
to tjottoms for oyster culture shall he incontestable for the period of 
time for which the lease is granted, unless forfeited hy the failure of 
the lessee to fulfill his part of the contract. Some have, in good 
faith, entered bottoms for oyster culture with full conformity to the 
law and have invested their time and money in planting on these bot- 
toms, only to have their title destroyed as soon as the beds became 
productive ; as a consequence, yet without fault on their part, they suf- 
fered serious losses. These people cannot be expected to reinvest their 
time and money in oyster cultivation or to give any encouragement to 
others to attempt the same thing. Our present laws were intended to 
give an incontestable title to the lessee and at the same time to pro- 
tect the State from any fraud; but these laws did not fulfill what was 
expected of them, as is evident from the results of the cases in court 
in which has been questioned the validity of the lease to certain pro- 
ductive ])lanted grounds. 



OYSTER CULTURE. 11 

From a perusal of the sections of the ^N'orth Carolina Code relating 
to oyster cultivation, it is seen that the entry of bottoms is permitted, 
provided they do not include natural rocks. This is of course a wise 
jDrovision. But what means are provided for ascertaining, before 
granting the lease, whether or not the particular bottom in question 
is a natural rock ? The grant is issued and the question of natural 
rock remains unanswered until perhaps several years later, when a 
trespasser is being prosecuted, he defends his act by denying the 
validity of the lessee's title, or claiming that the bottom in ques- 
tion is a natural rock, and a number of witnesses are introduced 
to prove in court that when the ground was entered by the lessee sev- 
eral years before, there was such and such a quantity of oysters on 
that particular bottom, sufficient, say, for an ordinary oysterman to 
earn a daily wage.* Whether or not the lessee intended to deal in 
good faith, his holdings and all his labor may be lost in a moment. 
It is thus very important that the question, whether a bottom is a 
natural rock or not, should be definitely and finally settled before the 
lease is made. The people would not then be deprived for a period 
of time of the uses of productive oyster bottoms which rightfully 
belong to the public ; nor, on the other hand, would the investor be 
liable to throw away his labor and capital on bottoms which he cannot 
control. 

For some years there has been in court a case of the State against a 
private planter, of Hyde County, for the recovery of oyster bottoms 
which M^ere granted to the planter by the State, but which, it is 
now maintained, could not have been taken up legally, because it can 
be shown by witnesses that the bottoms in question were, at the time 
they were entered, natural beds. In the meantime, however, thou- 
sands of dollars had been spent by the lessee in ]3lanting and protect- 
ing his holdings. Assuming that the planter was sincere in declar- 
ing the bottoms he desired to enter were not natural oyster beds, he 

• Illustrative law case regarding title to oyster bottoms: 

THE STATE v. ELIJAH D. WILLIS (104 North Carolina, p. 764). 

" This v/as a criminal action ti-ied on appeal from the Justice of the Peace before Shipp, J., at 
Spring- Term, 1899, of Carteret Superior Court." The defendant was charged "with taking oysters 
from the oyster gardens of one John D. Chadwick, on or about 20th day of February, 1888, without 
permission of said Cliadwick first had." The defendant pleaded "Not guilty," contending that the 
said bed staked off and enclosed was a "natural oyster bed " and "any citizen had a right to take 
oysters therefrom." * ♦ * "The jury returned the following special verdict : 

" That the prosecutor, John D. Chadwick, has had his oyster garden made and staked out in 
Carteret County according to the requirements of the statute, and obtained a license, or grant, from 
the Clerk of the Superior Court of Catawba County for the same; that the defendant took oysters 
therefrom, within the stake so laid off, without permission of John D. Chadwick first had ; that 
there were no oyster rocks within the stakes where the garden was so laid off ; that there were 
some oysters within the same, but that they were scattering, and oysters naturally grew there ; that 
the area embraced within the stakes, which was two and three-fourths acres, was not such as 
would within itself induce the public to resort to it and get oysters, but in connection with the 
oyster rocks and oysters nearby, the public were in the habit of taking oysters from the said area 
and adjacent territory for livelihood or for market. 

" If upon the foregoing statement of fact the Court be of the opinion that the defendant is 
guilty, then the jury say he is guilty ; but if upon said statement the Court is of opinion that defend- 
ant is not guilty, then the jury finds he is not guilty. 

" Whereupon, the Court adjudged that the defendant is not guilty." 

In the case instanced the decision of the Superior Court Judge was afterwards reversed by the 
Supreme Court on the ground that the verdict of the jtu;y, by not bringing the case within the defi- 
nition of a natural rock, did not authorize a verdict of "not guilty." But in other instances, the 
history of the cases has been different and more disastrous for the planter. 



12 OYSTER CULTURE. 

is yet forced to defend his title in a long and expensive lawsuit, 
which will result either in showing that the suit is unfounded or in 
depriving him of large investments that he has made in good faith. 
On the other hand, however, assuming that his original declaration 
was insincere, the public has for a period of years been fraudu- 
lently deprived of the use of the natural oyster bottoms in question, 
and for the recovery of these bottoms the State is forced to great ex- 
pense. All such trouble and wasteful litigation may be prevented 
in future by the State ascertaining before a lease is granted whether 
or not the particular bottom or bottoms in question are natural. oyster 
rocks ; so that the lease, once granted, will be incontestable so far as 
relates to the question whether or not the original bottoms were 
natural oyster rocks. Thus, in the case referred to above, if the bot- 
toms were natural oyster bottoms, the lease should never have been 
granted, whatever might have been the declaration of the interested 
party; and, on the other hand, if the bottoms were properly subject 
to lease, the lessee should not at any time, because of uncertainty as 
to the original conditions of the bottoms in question, have his title 
threatened or be put to great expense to prove the propriety of his 
possession. Proper protection to the State from improper entry 
wall at the same time be a protection to the lessee wdio has made the 
entry. 

The question is particularly complicated because the term "natural 
rock" cannot of necessity be an exact term. One person, in good 
faith, will affirm that a bottom in question is a natural rock, while 
another, also in good faith, will affirm that it is not a natural 
rock, because they differ in their ideas as to the degree of abundance 
of oysters that is required to form a technical "natural rock." Again 
a witness may dishonestly affirm or deny that a given bottom was a 
natural rock. Of course, personal statements regarding a previous 
condition of a bottom are practically impossible of verification. If 
oyster planting is to be encouraged in ISTorth Carolina, too many bar- 
riers must not be placed in the way of entry and investment, although 
it were far better to have almost insurmountable barriers than to per- 
mit an investor to enter and build up a business on an entry w-hich, 
instead of being a solid foundation, may prove to be a delusion. In- 
contestability of title, as long as the lessee fulfills his part of the con- 
tract, is a prerequisite of a prosperous oyster-planting industry. 

HOW MAY EXISTII^G CONDITIOXS BE REMEDIED ? 

One satisfactory solution of this question is a complete survey of 
the oyster bottoms, which, by means of charts, stakes and buoys, will 
render it easy to ascertain what grounds are closed and what are open 
to entry. This method has in Virginia formed the backbone of an 
industry which has enriched persons and communities and added 



OYSTER CULTURE. 13 

largely, both directly and indirectl}', to the revenues of the State. 
Although such a survey calls for a considerable outlay on the part of 
the State at one time, yet as it would be the most satisfactory, it is 
believed that the State would be justified in making the expenditure 
that the survey would entail. 

A more economical method than the above would be as follows: 
The bottoms to be entered should be personally examined by an offi- 
cer or officers appointed or elected with the duty and power of deter- 
mining positively whether the bottoms in question are or are not natu- 
ral rocks. When a bottom is applied for, the application and the date 
set for examination and hearing of objections should be duly adver- 
tised, and full opportunity given for those who desire to do so to 
present objections to the granting of the lease. The official verdict, 
when rendered, should be final. 

It is clearly important that this duty of the examination of oyster 
bottoms should be assigned to some officer or officers who have more 
than a casual acquaintance with oyster bottoms and oyster cultiva- 
tion. It might properly be assigned to the Oyster Commissioner 
and his assistants, or to responsible boards in the several counties 
appointed or elected for the purpose. If delegated to the Oyster 
Commission, such duties w^ould doubtless be taken up chiefly during 
the closed season (April 1 to September 30, inclusive), thus making 
a greater demand upon the time of the Commissioner. If the duty of 
examination pertained to a county board, the members should be 
allowed a fixed compensation and reimbursement for necessary ex- 
penses. The services of an official (State or county) surveyor would 
be required. All fees and expenses should be paid by the applicant, 
and in consideration of this expense the rental for the first year of 
the lease might be remitted. 

II. PROTECTION OF THE NATURAL ROCKS. 

"A 'natural oyster bed,' as distinguished from an "^artificial oyster 
bed,' in the sense in which those terms are emplo,yed in The Code, 
is defined to be 'one not planted by man, and is any shoal, reef or bot- 
tom where oysters are to be found growing, not sparsely or at inter- 
vals, but in a mass or stratum in sufficient quantities to be valuable to 
the public' " (Sec. 2371 N"orth Carolina Code, page 701). Briefly, 
a ''natural led" or "natural roch" is a hotiom ivliereon oysters occur 
natumlly and in sufficient abundance for an ordinary oysterman io 
make a daily tvage. Grounds where oysters are found more seatter- 
ingly are not to be considered as "natural rocks" or "beds." 

Probably if no restriction whatever were made and all bottoms 
were thrown open for entry, the final result might be quite advan- 
tageous, and we would have in the end wonderfully j)roductive bot- 



14 OYSTER CULTURE. 

toms which would give employment to thousands of oystermen and 
yield large revenues both to the planters and to the State. The ob- 
jection to such a procedure is that in the meantime thousands of 
oystermen, who are now accustomed to earning their winter's living 
from the public oyster grounds, would be temporarily thrown out of 
employment. Then again, most of the fertile public bottoms would 
fall into the hands of a few, who would not be able to improve them 
so that their yield would be greatly increased. As a consequence, 
much harm and sulfering would result in the readjustment to these 
new conditions. It must, therefore, be accepted tluit the natural 
rocks shall be left o]ien to the public. 

However definite a law may be regarding the delimitation of the 
natural rocks or beds, a great deal, of necessity, will have to be left 
to the judgment and discretion of the officials appointed for this 
work. Thus, in a given bay there may be many small patches 
of oysters scattered here and there, the oysters being abundant in 
each little patch ; but the beds taken collectively cover but a very 
small area of the bay. The question at once arises, shall the whole 
bay be closed to entry, or shall each small bed be plotted off as 
closed gTOund and the rest left open for entry, or shall the whole 
bay be left open ? The officer's decision must depend largely on 
the abundance and size of the patches. A search of the laws of 
other states shows no attempt to lay down a more definite rule, 
nor can any be suggested. In rendering the decision from which 
the above definition was quoted. Justice Shepherd said : "While 
it seems impossible to give a more particular definition, it is be- 
lieved that the one that we have adopted reflects the true spirit of 
the law and may be of some practical use in ascertaining where grants 
may be made." With that definition and by the use of careful judg- 
ment, the officer need make no serious mistake. In this connection 
the following suggestions for working rules may be given : 

a. In general, the benefit of the doubt should be given to the natural 
rock; as the least friction and trouble for all parties concerned will 
result from an error of keeping closed certain grounds that might 
have been left open, than from the mistake of leaving open grounds 
that should properly be closed. 

h. A small area should be left around each natural bed and straight 
lines should be used in bounding them. This will save trouble to the 
oysterman working on public grounds, annoyance to the jilanter, and 
needless litigation on account of trespassing. The planter would find 
it difficult to protect his oyster bottoms from malicious or uninten- 
tional marauders if his ground was separated from the natural beds 
by irregular lines. 



OYSTER CULTURE. 15 

III. PROTECTIO^"^ OF K^ATURAL CLAM BEDS. 

Ill what has been said so far, no reference has been made to the 
matter of natural clam bottoms. The interest of the clammer is no 
less worthy of consideration on the part of the State than is that of 
the oysterman. The hard clam or "little-neck" clam (Venus mer- 
cenaria) is the object of an extensive fishery in this State. Important 
canning industries are developing, yielding various products, and 
clam "bedding" is being done on an increasing scale. The fishing of 
natuiral clam bottoms is perhaps at its maximum now, while the pos- 
sibilities of clam culture are as yet problematic. 

It is therefore important that the proper officials should examine 
bottoms with reference to the natural gTowth of both oysters and 
clams. The question to be decided would then be, is the bottom in 
question either a natural oyster bed or a natural clam bed ? 

The test of a bottom for clams is essentially the same as for oysters. 
A natural clam bottom might be defined as one whereon clams occur 
naturally and in sufficient abundance for an ordinary clammer to 
make a daily wage. 

IV. LIBERTY OF LESSEE AND SEED CULTURE. 

llie lessee should be unrestricted in his methods of working his 
leased ground or in the place or manner of marlxeting the products 
from his grounds. The restrictions applying to the fishing of oysters 
on the public grounds, in order that the oystermen of small means 
shall not be placed at a disadvantage with the larger oystermen, and 
to prevent rapid exhaustion of the public beds, should not be ap- 
plicable to the private bottoms. Thus, if two persons are working 
side by side on public grounds, one may be placed at a disadvantage 
by certain methods employed by the other ; but if one is at work on 
his own gTound where the other cannot enter, his methods cannot in 
any way hamper or concern the other. The wisdom of leaving every 
oyster farmer liberty to work his bottoms in the most economical way, 
as long as he carries out the provisions of his lease, will be just as 
well recognized as the wisdom of permitting every cotton or tobacco 
farmer liberty to work his lands in the most economical manner. 

It is a wise provision of the general oyster law that prevents the 
shipping into other States of seed oysters taken from the natural 
rocks or bottoms. The clause should, however, be so framed that it 
would not prevent the exi^ortation of seed grown on shells or other 
cultcli artificially .planted on leased gTOunds. With our present 
knowledge of the natural history of the oyster", it is believed that the 
spat which sets on certain shells would probably have been entirely 



IG OYSTER CULTURE. 

lost had not this cultch presented itself. Certainly the future of the 
oyster industry is in no way menaced by shipping out of the State 
seed from private gTOunds. The Commissioners of New Jersey de- 
plore the fact that their planters swell the profits of Connecticut 
oyster cultivators by buying seed from them;^ Avhile they boast that 
they do in some regions (Newark Bay) grow a seed that they can 
ship^ to the Pacific Coast, and urge that their State should supply 
other States with seed.^ Connecticut supplies Ehode Island with 
seed."* 

It is easy to distinguish between the folly of shipping out of the 
States seed oysters from the productive natural rocks — thus depleting 
our own beds — and the wisdom of shipping excess seed from artificial 
beds — thus utilizing that which might otherwise be waste. It would, 
however, become necessary that the inspectors at South Mills and 
Coinjock have some means of assuring themselves that a given cargo 
of seed oysters is from private rather than public beds. The burden of 
proof may well be placed on the captain of the vessel carrying the 
seed, and there may be provided by law a means by which this proof 
can readily be obtained. 

It is very probable that the raising of seed oysters may offer a 
particularly good opportunity for oystermen of small means, as they 
can purchase shells at l^/o cents per bushel, and, by furnishing their 
own labor, plant them at odd times without extra expense. To 
grow large oysters might require rehandling and more care than they 
could afford to give ; but they could, after a year or two, market the 
seed at probably 10 cents, 15 cents or even 20 cents per bushel, 
which, with a liberal discount for loss of shells, will leave a good 
margin of profit. Although it cannot be positively stated at the 
present time, without further practical demonstration, that the grow- 
ing of large oysters will prove profitable, it is a practical certainty 
that seed oysters can be grown successfully. The experimenting 
planter will, therefore, have two opportunities for profit in his oyster 
cultivation. There are some who cannot afford to wait three or four 
years for the first returns from their investment, but who can plant 
and await the greater profits of the cultivation of large oysters, pro- 
vided they mqy have at least a small return during each of the first 
few years, and such planters might accomplish this end by planting 
a portion of their holdings for seed oysters. Therefore, if there is 
any argument advanced against shipping out of the State seed oys- 
ters raised from private bottoms, it would yet be strongly advisable 

1. Report of the Commission for the Investigation of the Oyster Industry. New Jersey, 1902, 
pp. 14, 17, 20. 

2. Report of the Commission for the Investigation of the Oyster Industry. New Jersey, 1902, 
pp. 7, 10. 

3. Report of the Commission for the Investigation of the Oyster Industry. New Jersey, 1902, 
p. 17. 

4. Annual Report of the Commissioner of Shell Fisheries. State of Rhode Island and Providence 
Plantations. January, 1904, p. 4. 



OYSTER CULTURE. 17 

that no such restriction be placed until the industry has passed the 
exj)erimental stage. 

In this connection it is well to call attention to the fact that in the 
upper waters of Roanoke Sound there is a larg'e area which is not 
suitable for the growing of large oysters, but which can be made use- 
ful for the gTOwing of seed. Almost every year the abundant young- 
oysters are killed out by the influx of fresh water from Albemarle 
Sound ; yet these young oysters might have been of great economic 
value if they had been shipped as seed. It is reported that lower 
down in this Sound each annual set is overcrowded- the next year 
and the growth rendered valueless for market purposes. Thus, there 
are regions, and not only in Roanoke Sound, but in other places (on 
shoals, etc.), which have great potential value, not, however, for the 
growth of large oysters, but only as grounds for the production of 
seed oysters. 

For these reasons it can be seen that great care should be taken 
that whatever restrictions are made relative to the shipping of seed 
oysters do not interfere with the cultivation and shipment of seed 
from such bottoms as are not capable of raising large oysters and 
also with the cultivation and shipment of seed from private gardens. 

It is difficult to get at the bearing of present laws on this matter of 
shipment of seed. Express provision could be made that sections 3, 
11 and 17 of chapter 516, Public Laws 1903, or any other law, should 
not be construed to prohibit the cultivation and shipment of seed as 
described above. 

Sec. 3. Provides for seizure of vessels or trains on which ai^e 
loaded oysters not properly culled. Offering unculled oysters for 
sale a misdemeanor. 

Sec. 11. Provisions for culling oysters. 

Sec. 17. Provisions for purchase of oysters to carry out of State 
by vessel. 

The possibilities of the cultivation of clams are unknown. But 
experiments on this line are to be encouraged. Hence, a lessee should 
be authorized to use his grounds for the cultivation of either oysters 
or clams. 

V. MAXIMUM AREA. 

The maximum area a lessee may enter under our present law is 
ten acres. In most cases such a limit is unduly small. Ten acres 
might be a reasonable limit in creeks and small bays ; also, where an 
individual does all of his own work, planting, cultivating, tonging and 
marketing, he will undoubtedly find that ten acres will be all that he 
can take care of to carry out the full provisions of his lease. On the 
other hand, however, it seems unnecessary that a ]')lanter who is so 
situated that he can handle a greater acreage and give employment to 
ovstermen and boatmen should be limited to ten acres. In no other 



18 • OYSTER CULTURE. 

State with ;m important ovster-plaiitinii,' industry is tliis maxiuium 
limit so low, and such limitation of area is not justified by expediency 
or economy. 

It is an error, too, to apply in the open waters of Pamlico Sound 
the same limit that is adapted to bays or shore bottoms. 'No one has 
undertaken or can be expected to undertake to cultivate a ten-acre 
garden several miles off-shore in Pamlico Sound, for one could not 
afford to use, in planting and working such a small garden, the meth- 
ods that such a location Avould require. The jilanter would not even 
be able to employ a watchman. Clearly it is not wise to have a limit 
so small that, if the object that the law intends to further is carried 
out, it is done only by evasion of the law. In the open waters of Pam- 
lico Sound one hundred acres would be a small enough limit — and 
then far smaller than the limit in any other State with a prosperous 
oyster-planting industry (Virginia, Khode Island, Connecticut, New 
York). Even in bays, twenty-five acres would be sufficiently small. 
The conditions of the lease can be so adjusted, as will be seen below, 
that a planter, entering more acreage than he can successfully take 
care of, will have to give up his excess acreage and allow it to revert 
to the State. 

VI. RENTAL OF BOTTOMS. 

There are a number of reasons why an annual rental should be 
charged for the leased grounds. This rental should be large enough 
to be a source of revenue to the State, yet not so large as to prevent 
a man of small means from taking up sufficient land to employ him- 
self and his family. It should be in lieu of any other tax on oyster 
grounds. At present such grounds are assessed for taxation at a 
valuation usually of one dollar per acre; so that the State receives 
but a few cents in return for the franchise granted. One of the good 
features of a rental fee is that it will discourage a lessee from enter- 
ing, or retaining after a trial, greater acreage than he can successfully 
cultivate. 

But it may properly be urged that a prospective planter should re- 
ceive every encouragement to undertake oyster culture. - For this 
reason the suggestion has been made tThat no rental be charged for the 
first year of the lease, in consideration of the expenses devolving on 
the lessee in connection with the examination and survey of the bot- 
tom. During succeeding years the annual charge may be fixed at 
fifty cents or more per acre; for, if the planting proves profitable 
enough to justify its continuance, the planter can afford to pay the 
State for the privileges enjoyed. 



OYSTER CULTURE. 19 

VII. REVERSION OF BOTTOMS TO THE STATE. 

Provision slioukl be made for the reversion of the bottoms to the 
State, provided planting is not done within a definite time or is not 
continued on a reasonable scale. The exact nnmber of bushels of 
oyster shells that should be planted per acre each year cannot be 
stated ; for this will vary with the character of the bottom and other 
conditions ; also with the plan that the planter's judgment may ap- 
prove as the best to use in developing his grounds ; but a minimum 
number of bushels per acre should be decided upon. This should 
not be more than 100 bushels of seed or of oyster shells or an equal 
amount of other cultch per acre, to be planted within two years. 

VIII. TERM OF LEASE. 

The lease or franchise should be granted, not for an indefinite 
time, but for a term of years — say, twenty-five years. It is expedient 
that at the end of a period of years the State may have opportunity to 
revise the provisions of the lease, if it seems advisable, in order to 
adapt them to the state of the industry and other conditions prevailing 
at that time. 

CONCLUSION. 

In the preceding pages the fundamental legislative conditions that 
seem necessary for the building up of the oyster-jilanting industry, 
which at the present time is practically undeveloped, have been indi- 
cated and briefly discussed. The cultivation of the oyster offers em- 
ployment and profits to individuals who will undertake planting; it 
will be not only a source of direct revenue to the State, but indirectly, 
through the resulting increase of taxable properties, should cause a 
large revenue. During the past year, 1901, there has been more oyster 
planting than during any recent year, and this is to be attributed in 
considerable measure to the results of the investigations that have been 
carried on by the ]N"orth Carolina Geological Survey in conjunction 
with the United States Bureau of Fisheries. There are other per- 
sons interested in the cultivation of the oyster who would plant if 
they could be assured of an incontestable title to the bottoms that they 
leased from the State. At no time in the history of the State has 
there been such a good opportunity as at the present time for the 
building up of a remunerative industry in the cultivation of the 
oyster; and with proper legislation, this industry should, within the 
next few years, become a profitable business throughout rnany districts 
alone- the coast of Xorth Carolina. 



PRESENT LAWS RELATING TO LEASING OF BOTTOMS. 



The laws relating to the leasing of bottoms, as enacted by the 
Legislature of 1905, are as follows: 

[Public Laws of North Carolina, 1905, Chapter 52.j.] 

AN ACT TO AMEND AND SUPPLEMENT CHAPTER 516 OF THE PUBLIC 
LAWS OF 1903, IN RELATION TO THE OYSTER INDUSTRY. 

Sec. 2. That auy person who is and has been continuously for two years a 
hona fide resident of the State of North Carolina and over twenty-one years of 
age may lease or enter not more than fifty acres of any bottom where oysters 
do not naturally grow, or on any ground where there is not a sufBcieut growth 
of oysters to justify at the time of leasing the gathering of the same for profit. 
When any person desires to lease or enter any such ground he shall advertise 
the fact at the court-house and three other places for four weeks in the county 
where said bottom desired to be leased is located, and advertise in some news- 
paper published in said county for four weeks, and if there be none published 
in said county, then in a newspaper published in an adjoining county. Appli- 
cation for such land shall be made to the Clerk of the Superior Court, who 
shall appoint a man, and the applicant shall choose another, which two so 
chosen shall appoint a third man, and the three shall constitute a board of 
arbitration, and the said board of arbitration shall inspect the bottom desired 
to be leased, and if they find the same subject to lease and so report to the 
clerk, then it shall be the duty of the said clerk to issue a lease as herein pro- 
vided, and for such service the clerk shall receive the following fees, to-wit : 
Twenty-five cents for the application, twenty-five cents for the appointment and 
twenty-five cents for filing the report of arbitration, and copy-sheet fees for 
recording such lease and other papers necessary to be recorded. Such bottom 
shall be surveyed by the County Surveyor ; all cost and expense to be paid by 
the lessee, who shall also pay a yearly rental of fifty cents per acre, which 
rental shall be paid to the Oyster Commissioner and go to the benefit of the 
oyster fund. A failure to pay rental for two years shall render the lease null 
and void. No bottom whicli has been surveyed prior to the passage of this act 
need be resurveyed where such leases are plainly marked at the time of the 
passage of this act. That the County Surveyor shall furnish the lessee a map 
or plot free of charge. No lease shall be issued for any ground closer than two 
hundred yards to any natural oyster bed. 

It may be noted that under this law now in effect : 

1. Bottoms are subject to lease, which do not have a natural growth 
of oysters, or on which "there is not a sufficient growth of oysters to 
justify at the time of leasing the gathering of the same for profit" : 
Provided, the bottoms be not "closer than two hundred yards to any 
natural bed." 

2. The limit of area is increased to fifty acres. 

3. It is provided that the applicant shall properly advertise his 
application. 

-t. The lessee pays the expenses of the survey and papers and an 
annual rental of fifty cents an acre. 

5. A "Board of Arbitration" is provided for. 

6. This board shall consist of three members, one ap]3ointed by the 
Clerk of the Superior Court, one chosen by the applicant, and a third 
appointed by the first two. 



LAWS RELATING TO LEASING OF BOTTOMS. 21 

Only the last mentioned provision requires discussion. Each bot- 
tom applied for is examiiied by a board appointed for the examina- 
tion of the particular bottom in question. The board ceases to exist 
after examining the bottom, and the responsibility of the board and 
its members then terminates. When another application is made 
another board acts. There will not, therefore, be uniformity in the 
decisions, and no one has any permanent responsibility in the matter. 
The arrangement seems to leave room for the play of local sentiment, 
and for irresponsible decisions. In the case of the only application 
so far made in Carteret County, September, 1905, persons appointed 
by the Clerk of the Superior Court and by the applicant have de- 
clined to serve, and after a number of weeks, a board has not been 
formed. 

While the workings of the law may yet prove otherwise, the law 
seems defective in the matter of provision for the formation of the 
Board of Arbitration. It would seem more satisfactory to have the 
responsibility regarding the leasing of bottoms vested in a perma- 
nent commission appointed or elected in the several counties, or as- 
signed to a commission already in existence, such as the Oyster Com- 
mission. If the former alternative were followed, and the duty of 
examination assigTied to boards appointed by the Governor for a term 
of years, the members of a board should receive a fixed compensation 
and necessary expenses while making an examination, the entire ex- 
pense to devolve on the applicant. While this would considerably 
increase the initial expense of the applicant, it has been previously 
suggested that the rental for the first vear be remitted in considera- 

111 

tion of this first cost. Either of the arrangements suggested would 
bring about approximately uniformity of decisions and would increase 
the responsibility of the officials concerned. 

It should be expressly stated that the lease when granted shall 
he incontestable except in the event of failure on the part of the les- 
see to fulfill his part of the contract, and that the removal of shell-fish 
from leased bottoms without authority from the owner shall be re- 
garded as larceny. The need for such express provision may be under- 
stood from remarks previously made (pp. 10-13 above with foot- 
note, p. 11). 

It may be well to call attention to important points not touched by 
the present law. These are — 

The protection of the natural clam beds from entry. 

Matter of seed culture. 

The permission to use the leased bottoms for either oyster or clam 
culture. 



NORTH CAROLINA LAWS RELATING TO OYSTERS. 



There is given beloAy all the laws relating to oysters as given in the 
llevisal of 1905 of the Laws of North Carolina : 

II. Oyster Beds. 

2371. Natural, defined. A natural oyster or clam bed, as distin- 
guished from an artificial oyster or clam bed, shall be one not planted 
by man, and is any shoal, reef or bottom where oysters are to be 
found growing in sufficient quantities to be valuable to the public. 

1893, c. 287, s. 1. 

2372. Planted in certain territory. Any inhabitant of this state 

may make a bed in any of the waters of this state, except that part 
designated as lying south of Roanoke and Croatan sounds and north 
of Core sound, and lay down or plant oysters or clams therein, hav- 
ing first obtained license as hereinafter directed from the superior 
court clerk of the county wherein such bed may be, and he may stake 
out the grounds so as to include not exceeding ten acres with good 
and substantial stakes, extending at least two feet above high water- 
mark, and placed at such intervals as to make the boundaries of such 
bed or garden distinctly kno\vn ; and every person who shall obtain 
such license shall hold the same and have exclusive privilege thereof 
to him, his heirs and assigns. But no person may have more than one 
such bed in the same county : Provided, nothing herein shall be con- 
strued to affect the rights of any owner or proprietor of lands in 
which there may be creeks or inlets, or which may be adjacent to any 
navigable waters, or to authorize any person to appropriate to his 
own use, or to stake off and enclose any natural oyster or clam bed, 
or in anywise to infringe the common right of the citizens of the 
state to any such natural bed or to obstruct the free navigation of the 
waters aforesaid. 

Code, s. 3390; 1883, c. 332, ss. 1, 2. 

2373. How license is obtained. Whenever a license is desired 
according to the preceding section the clerk of the superior court 
of the county wherein the proposed oyster or clam bed may be may, in 
his discretion, grant a license to make such oyster or clam bed to any 
inhabitant of this state who shall apply therefor as herein provided ; 
such applicant shall first stake off the proposed oyster or clam bed as 
provided in the preceding section, and shall publish a notice for thirty 
days at the courthouse door of the county wherein said bed is pro- 
posed, designating the location thereof as near as may be and the 
day when he will apply for the issuing such license. Upon the day 
named in said notice, upon which application for such license is to 
be made, any inhabitant of such county shall have the right to appear 



LAWS RELATING TO OYSTERS. 23 

before said clerk and object to the issuing of such license by filing an 
afiidavit stating that the proposed oyster or clam bed is a natural oys- 
ter or clam bed. If the said applicant shall refuse to file an affidavit 
denying the proposed oyster or clam bed is a natural bed, the said 
clerk shall refuse to grant such license. If such applicant shall file 
an affidavit denying that such proposed bed is a natural bed, it shall 
be the duty of such clerk to transmit said affidavits to the next term 
of the court of said county, and at said term the issue shall be tried to 
determine whether the proposed bed is a natural bed, and after such 
trial the said clerk shall grant or refuse said license in accordance 
with the judgment rendered upon the determination of such issue. 
Code, s. 3391; 1893, c. 287, s. 2. 

2374. County commissioners to cause survey to be made. The 

board of county commissioners may in their discretion cause to be 
made, not oftener than once in twelve months, a survey and exam- 
ination of any and every such oyster or clam bed or garden in their 
county, the result of which examination or survey shall be reported 
under oath to the clerk of the superior court ; and if it be found that 
the holder of such license as aforesaid has included within his stakes 
any natural oyster or clam bed, or a space containing more than ten 
acres, he shall forfeit such license and all the rights and privileges 
thereto belonging; further, if the holder of such license fail for the 
space of two years either to use such bed or to keep it properly des- 
ignated by stakes, he shall forfeit such license and all the rights 
and privileges therein granted. 
Code, s. 3392; 1883, c. 332, s. 4. 

2375. Under control of the state. The state shall exercise exclu- 
sive jurisdiction and control over all shell-fisheries which are or may 
be located in the boundaries of the state south of Roanoke and Croa- 
tan sounds and .north of Core sound, and for the purposes of this 
chapter the southern boundary line of Hyde county shall extend 
from the middle of Ocracoke inlet to the Royal Shoal lighthouse, 
thence across Pamlico sound and with the middle line of the Pamlico 
and Pungo rivers to the dividing line between the counties of Hyde 
and Beaufort, and the northern boundary line of Carteret county 
shall extend from the middle of Ocracoke inlet to the Royal Shoal 
lighthouse, thence to the Brant Island Shoal lighthouse, thence 
across Pamlico sound to a point midway between Maw point and 
Point of Marsh, and thence with the middle line of the ISTeuse river 
to the dividing line between the counties of Carteret, Craven or 
Pamlico, and that portion of Pamlico sound and the jSTeuse and 
Pamlico rivers not within the boundaries of Dare, Hyde or Carteret 
(jounties, and not a part of any other county, shall be in the county 
of Pamlico, and for the purposes of this chapter and in the execu- 



24 LAWS RELATING TO OYSTERS. 

tion of the requirements thereof, the shore line as now defined by 
the United States coast and geodetic survey shall be accepted as 
correct. 

1887, c. 119, ss. 1, 2. 

2376. How beds entered. Any person a citizen and bona fide 
resident of the state desiring to raise, plant or cultivate shell-fish 
upon any ground in the county, and within the territory described 
in the preceding section, which has not been designated as public 
ground by the board of shell-fish commissioners and Avhich is not 
a natural clam or oyster bed, may make application in writing, in 
which shall be stated as nearly as may be the area, limits and loca- 
tion of the ground desired, to the entry-taker of the county in which 
the said area for which application is made is situated, for a fran- 
chise for the purpose of raising or cultivating shell-fish in said 
grounds, and the said entry-taker having received said appli- 
cation shall proceed as with all other entries as provided in the 
chapter entitled Grants, except that the warrant to survey and locate 
the ground or grounds shall be delivered to the engineer appointed 
by the secretary of state and not to the county surveyor; and the 
said engineer shall m'ake such surveys in accordance with the pro- 
visions of the chapter entitled Grants, except that it shall not be nec- 
essary to employ chainbearers nor to administer oaths to assistants, 
nor to make surveys, according to the priority of the application or 
warrant. ISTo entry shall be made to cover any natural oyster or clam 
bed as defined in this chapter, nor of any land lying more than two 
miles from the main land or from any island. 

1887, c. 119, s. 5; 1893, c. 272. 

2377. How leased. Any person who is and has been continuously 
for two years a bona fide resident of the state of ISTorth Carolina and 
over twenty-one years of age may lease or enter not- more than fifty 
acres of any bottom where oysters do not naturally gTow or on any 
ground where there is not a sufficient growth of oysters to justify 
at the time of leasing the gathering of the same for profit. When 
any person desires to lease or enter any such ground he shall adver- 
tise the fact at the courthouse and three other places for four weeks 
in the county where said bottom desired to be leased is located, and 
advertise in some newspaper published in said county for four weeks, 
and if there be none published in said county, then in a newspaper 
published in an adjoining county. Application for such land shall 
he made to the clerk of the superior court, who shall appoint a man 
and the applicant shall choose another, which two so chosen shall ap- 
point a third man and the three shall constitute a board of arbitration, 
and the said board of arbitration shall inspect the bottom desired to 
be leased, and if they find the same subject to lease and so report to 
the clerk, then it shall be the duty of the said clerk to issue a lease as 



LAWS RELATING TO OYSTERS. 25 

herein provided, and for such service the clerk shall receive the fol- 
lowing fees, to-Avit: Twenty-five cents for the application, twenty-five 
cents for the appointment and twenty-five cents for filing the report 
of arbitration, and copy-sheet fees for recording such lease and other 
papers necessary to be recorded. Such bottom shall be surveyed by 
the county surveyor ; all cost and expense to be paid by the lessee, 
who shall also pay a yearly rental of fifty cents per acre, which rental 
shall be paid to the oyster commissioner and go to the benefit of the 
oyster fund. A failure to pay rental for two years shall render the 
lease null and void. 'No bottom which has been surveyed prior to 
sixth day of March, one thousand nine hundred and five, need be 
re-surveyed where such leases are plainly marked at that time. The 
county surveyor shall furnish the lessee a map or plot free of charge. 
1^0 lease shall be issued for any ground closer than two hundred 
yards to any natural oyster bed. 
1905, c. 525, s. 2. 

2378. Secretary of state to issue grant; amount granted lim- 
ited. The secretary of state, on receipt of the auditor's certificate as 
provided in the chapter on Grants, shall gi-ant to the applicant a 
written instrument conveying a perpetual franchise for the pur- 
pose of raising and cultivating shell-fish in and to the grounds for 
Avhich application is made ; and the said written instrument of con- 
veyance shall be authenticated by the governor, countersigned by the 
secretary and recorded in his ofiice. The date of the application for 
the franchise and a description of the ground for which such fran- 
chise was granted shall be inserted in each instrument, and no gTant 
shall issue except in accordance with a certificate from the engineer 
appointed by the secretary of state as to the area, limits and location 
of the grounds in which the said franchise is to be granted, and 
every person obtaining such grant or franchise shall, within three 
months from the receipt of the same, record said written instrument 
in the ofiice of the register of deeds for the county wherein the said 
grounds may lie and shall define the boundaries of the said grounds 
by suitable stakes, buoys, ranges or monuments ; but no franchise 
shall be given in or to any of the public grounds as determined by 
the commissioners of shell-fisheries, or to any natural oyster or clam 
bed, and all franchises granted under this section or any previous 
law shall be and remain in the grantee, his heirs and legal represen- 
tatives : Provided, that the holder or holders shall make in good 
faith within five years from the day of obtaining said franchise an 
actual effort to raise and cultivate shell-fish on said gi-ounds. ISTo 
gTant shall be made to any one person of more than ten acres of 
any territory, and no person shall hold more than ten acres in any 
creek unless the same shall be acquired through devise, inheritance 
or marriage. 

1887, c. 119, s. 6; 1893, e. 272. 



26 LAWS RELATING TO OYSTERS. 

2379. Price paid for franchise. Not less than seventy-five cents 
per acre shall be paid to the state treasurer for all franchises granted, 
and in all other respects as to protests of entry and the right of the 
secretary of state to sell to any one else at an increased price the 
chapter on Grants shall apply. 

1887, c. 119, s. 7. 

2380. Liable to taxation. All gTonnds taken up or held for the 
purpose of cultivating shell-fish shall be subject to taxation as real 
estate, and shall be so considered in the settlement of the estates 
of deceased or insolvent persons. 

1887, c. 119, s. 9. 

2381. Books of records of grants i<ept. The secretary of state 
shall keep books of record in which shall he recorded a full descrip- 
tion of all grounds granted under the provisions of this chapter, 
and shall keep a map or maps upon which shall be shown the posi- 
tions and limits of all public and private grounds. 

1887, c. 119, s. 14. 

2382. Form of grants approved by attorney general. Entry- 
takers shall make return to the secretary of state of all franchises 
granted under this chaj)ter, in the same manner as provided in the 
chapter entitled Grants, and the provisions of that chapter are 
hereby extended so as to cover the grants or franchises in ground for 
raising or cultivating shell-fish as authorized by this chapter ; and 
all applications, gTants, warrants and assignments of franchises in 
or to oyster grounds shall be in manner and form as approved by the 
attorney general of the state. 

1887, c. 119, s. 12. 

III. Catching Oysters. 

2383. Close season, exception. If any person shall buy or sell 
oysters in the shell which have been taken from the public grounds 
or natural oyster beds of this state between the first day of April and 
the first day of October in any year, he shall be guilty of a mis- 
demeanor and be fined not more than fifty dollars or imprisoned not 
more than thirty days: Provided, that oysters may be taken with 
hand-tongs only during the month of April in any year, to be used 
for planting on private grounds, entered and held under the laws of 
this state: Provided further, that oysters may be taken with hand- 
tongs only for home consumption: Provided further, that coon 
oysters may be taken from October first to May first of each year in 
the waters of Onslow and Carteret counties: Provided also, that it 
shall be lawful to take or catch oysters on public oyster grounds north 
of the line running from Point Peter to Duck Island, except between 
a line running from the east end of Hog Island to the beach and from 



LAWS RELATI^STG TO OYSTEES. 27 

Ballast Point to the beach in Dare county, to be sold to residents or 
nonresidents, from April first to May fifteenth of each year, npon the 
payment by the purchaser of a tax of one and one-half cents per tub. 

1903; c. 516, s. 22; 1905, c. 525, ss. 5, 8. 

2384. At night or on Sunday. If any person shall catch or take 
any oysters from any of the public grounds or natural oyster beds 
of the state at night or on Sunday, he shall be guilty of a mis- 
demeanor and be fined not exceeding fifty dollars or imprisoned not 
exceeding thirty days. 

1903, c. 516, s. 16. 

2385. Illegal dredging. If any person shall ^ise any scoops, 
scrapes or dredges for catching oysters except at the times and in 
the places in this chapter expressly authorized, or shall between the 
fifth day of April and the fifteenth day of ISTovember of any year 
carry on any boat or vessel any scoops, scrapes, dredges or winders, 
such as are usually or can be used for taking oysters, he shall be 
gniilty of a misdemeanor. 

1903, c. 516, ss. 13, 14, 15. 

2386. Catching oysters without license. If any person shall 

catch oysters from the public grounds of the state without having 
first obtained a license according to law, or shall employ any person 
as agent or assistant, or shall as the agent or assistant of any per- 
son catch oysters from the public grounds, without all of said persons 
having first obtained a license according to law, he shall be guilty of 
a misdemeanor, and be fined not exceeding fifty dollars or impris- 
oned not exceeding thirty days. 
1903, c. 516, s. 6. 

2387. Using boats not licensed. If any person shall use any boat 
or vessel in catching oysters, which boat has not been licensed accord- 
ing to law, and which is not in all respects complying with the law 
regulating the use of such vessels, he shall be guilty of a misdemeanor 
and shall be fined not more than fifty dollars nor less than ten dol- 
lars or imprisoned not more than thirty nor less than ten days for 
the first offense, but for the second or subsequent offense he shall be 
guilty of a misdemeanor and punished at the discretion of the court. 

1903, c. 516, s. 8. 

2388. Displaying false number on boat. If any person shall dis- 
play any other number on their sail than the one specified in their 
license or display a number when the boat or vessel has not been 
licensed, he shall be guilty of a misdemeanor and shall be fined not 
less than twenty-five dollars. 

1903, c. 516, s. 27. 



28 LAWS RELATING TO OYSTERS. 

2389. Failure to stop and show oyster license. If any person 

nsing a boat or vessel for the purpose of catching oysters shall refuse 
to stop and exhibit his license when commanded to do so by the oys- 
ter commissioner, assistant commissioner or any inspector, he' shall 
be guilty of a misdemeanor and be fined not less than twenty-five dol- 
lars nor more than fifty dollars. 
1903, c. 516, s. 26. 

2390. False statement in application for oysterman's license. 

If any person shall make any false statement for the purpose of pro- 
curing any license, which may be required by law, to catch oysters, 
or to engage in the oyster industry, he shall be guilty of perjury and 
punished as provided by law. 

1903, c. 516, s. 17. 

2391. Dredging in prohibited waters, if any person, after the 

governor has by proclamation suspended the right to use scoops, 
scrapes or dredges on the public grounds or natural oyster beds of 
the state, shall during the time of such suspension, and in the waters 
as to which the right has been suspended, use such instruments or 
implements to catch oysters from any of the public grounds or natu- 
ral oyster beds of the state, he shall be guilty of a misdemeanor and 
be fined not less than five hundred dollars or imprisoned not less than 
twelve months, and the boat or vessel used for this purpose shall be 
forfeited and shall be seized, advertised and sold by the oyster com- 
missioner or by the inspectors in the county wherein said illegal act 
was committed and the proceeds paid into the oyster fund. In any 
prosecution for the violation of the provisions of this section against 
the master or owner of a boat or vessel, jjroof that said boat or ves- 
sel was equipped with scoop, scrape or dredge or other implement or 
instrument for catching or taking oysters other than ordinary oyster 
tongs shall be prima facie evidence of the defendant's guilt. 
1903, c. 516, s. 19. 

2392. Selling oysters not culled, if any person shall sell or 
offer for sale, transport or offer to transport out of the state, or from 
one point in the state to another, or have in his possession any 
oysters, which have not been properly culled according to law, he 
shall be guilty of a misdemeanor and be fined not exceeding fifty 
dollars or imprisoned not exceeding thirty days. 

1903, c. 516, s. 3. 

2393. Oysters where purchased to be carried out ot the state. 

If any person shall purchase and load on any vessel or boat any oys- 
ters to be carried out of the state in the shell, except at the following 
places, to-wit: The south end of Koanoke Island, Stumpy Point Bay, 
Parched Corn Bay, Wysocking Bay, West Bluff Bay, Great Island 



LAWS KELATIXG TO OYSTERS. 29 

Karrows or Swan Quarter Bay (as the oyster commissioner may 
determine), Portsmouth, Ocracoke, Bay River, mouth of Eose Bay 
or Harbor Ishmd ; or if any person shall load more than one boat 
or vessel at any of said places at one and the same time, or if any 
person shall load any boat or vessel with oysters to be carried out 
of the state without such vessel having an inspector on board at the 
time the oysters are delivered, or shall carry any vessel loaded or 
partly loaded with oysters through the canals without a certificate 
showing that the oysters have been inspected and the taxes thereon 
paid, he shall be guilty of a misdemeanor and be fined not more than 
fifty dollars or imprisoned not more than thirty days. 
1903, c. 51G, s. 17. 

2394. Unloading oysters on Sunday or at night. If any person 

shall unload any oysters from any boat, vessel or car at any factory 
or house for shipping, shucking or canning oysters on Sunday, or 
after simset or before sunrise, he shall be guilty of a misdemeanor 
and be fined not more than fifty dollars or imprisoned not more 
than thirty days: Provided, whenever any boat or vessel shall have 
partially unloaded or discharged its cargo before sunset, the remain- 
der of said load or cargo may be discharged in the presence of an 
inspector. 

1903, c. 516, s. 16. 

2395. Dealing in oysters without license. If any person shall 

engage in the business of buying, canning, packing, shipping or 
shucking oysters without having first obtained a license as required 
by law, he shall be giiilty of a misdemeanor and be fined not exceed- 
ing fifty dollars or imprisoned not exceeding thirty days. 
1903, c. 516, s. 9. 

2396. Dealer failing to keep record. If any person engaged in 

buying, packing, canning, shucking or shipping oysters shall fail 
to keep a permanent record of all oysters bought by him or caught 
by him, or by persons for him, when and from whom bought, the 
number of bushels and the price paid therefor, or shall fail upon 
demand to exhibit such record as required by law, or shall fail to 
verify the same, he shall be guilty of a misdemeanor and be fined 
not exceeding fifty dollars or imprisoned not exceeding thirty days. 
1903, c. 516, s. 5. 

2397. Evidence of illegal dredging. If any boat or vessel shall 

be seen sailing on any of the waters of this state during the season 
when the dredging of oysters is prohibited by law in the same man- 
ner in which they sail to take or catch oysters with scoops, scrapes 
or dredges, the said boat or vessel shall be pursued by any ofiicer 
authorized to make arrests, and if said boat or vessel apprehended 



30 LAWS RELATING TO OYSTERS. 

by said officer shall be found to have on board any wet oysters or the 
scoops, scrapes, dredges or lines, or deck wet, indicating the taking 
or catching of oysters at said time, and properly equipped for catch- 
ing or taking oysters with scoops, scrapes or dredges, such facts shall 
be prima facie evidence that said boat or vessel has been used in viola- 
tion of the provisions of the law prohibiting the taking or catching 
of oysters with scoops, scrapes or dredges in prohibited territory, or 
at a season when the taking or catching of oysters with scoops, 
scrapes or dredges is prohibited by law, as the case may be. 
1903, c. 516, s. 28. 

2398. Arrests without warrant, when and how made. The oys- 
ter commissioner, assistant oyster commissioner and inspector shall 
have power with or without warrant to arrest any person violating 
any of the oyster laws. 

1903, c. 516, 3. 2. 

2399. Using illegal measures for oysters. If any person shall in 

buying or selling oysters use any measure other than that prescribed 
by law for the measurement of oysters, or if any dealer in oysters 
shall have in his possession any measure for measuring oysters other 
than that prescribed by law, he shall be guilty of a misdemeanor and 
be fined not exceeding fifty dollars or imprisoned not exceeding 
thirty days. 

1903, c. 516, s. 12. 

2400. Catching oysters for lime. If any person shall take or 
catch any live oysters to be burned for lime or for any agTicultural 
or mechanical purpose, he shall be guilty of a misdemeanor and be 
fined not exceeding fifty dollars or imprisoned not exceeding thirty 
days. 

Code, s. 3389; 1885, c. 182. 

2401. Larceny of oysters on private beds. Any person who shall 

feloniously take, catch or capture or carry away any shell-fish from 
the bed or ground of another shall be guilty of larceny and 'punished 
accordingly. 

1887, c. 119, s. 15. 

2402. Oysters caught at night; injury to private beds. If any 

person shall wilfully commit any trespass or injury with any instru- 
ment or implement upon any ground upon which shell-fish are being 
raised or cultivated, or shall remove, destroy or deface any mark or 
monument lawfully set up for the purpose of marking any grounds, 
or who shall work on any oyster ground at night, he shall be guilty of 
a misdemeanor. But nothing in the provisions of this section shall 



LAWS RELATING TO OYSTERS. 31 

be construed as authorizing interference with the capture of migra- 
tory tishes or free navigation or the right to use on any private 
grounds any method or implement for the taking, growing or culti- 
vation of shell-fish, 
1887, c. 119, s. 11. 

IV. Oyster Industry Regulated. 

2403. Commissioner and assistant, how appointed, removed; 
term; salary; bond; oath of office. For the purpose of enforcing 

the oyster law, the governor shall appoint an "oyster commissioner" 
and an assistant "'oyster commissioner," whose term of office shall 
be- two years, or until their successors are appointed and quali- 
fied. They may be removed by the governor at any time for 
cause. The commissioner shall give bond in the sum of two thou- 
sand dollars ; the assistant commissioner shall give bond in the 
sum of one thousand dollars. The bonds shall be payable to the 
state of ^orth Carolina, shall be conditioned for the faithful dis- 
charge of their office, and the proper accounting for all moneys 
received, shall have at least two sufficient sureties, and shall be 
approved by and filed with the clerk of the superior court of the 
county in which the officer resides and be a part of the records of his 
office. They shall take and subscribe oaths to support the constitu- 
tion and for the faithful performance of the duties of their office, 
which oaths shall be filed Avith the bond. The salary of the com- 
missioner shall be nine hundred dollars per annum, and he shall 
be allowed three hundred dollars for expenses. The salary of the 
assistant commissioner shall be seven hundred and fifty dollars per 
annum. The salaries shall be playable monthly. 
1903, c. 510. 

2404. Inspectors, how appointed; term; salary; bond; oath of 

office. The oyster commissioner shall appoint, from the counties 
within which they are to perform their duties, a sufficient number 
of inspectors who shall serve during the oyster season, and may 
remove them for cause. He shall fix the compensation of the ins]3ect- 
ors at not exceeding fifty dollars a month while on duty^ and shall 
designate the length of service, the time when the inspectors go on 
duty, and when they go oft'. The inspectors shall give bond in the 
sum of five hundred dollars, payable to the state of iSTorth Carolina, 
conditioned for the performance of the duties of their office, and the 
faithful accounting for all monej's received, which bond shall have 
at least two sufficient sureties, to be justified before approved by and 
filed Avith the clerk of the superior court of the county where they 
reside, and shall take, subscribe and file with such clerk an oath of 
office. They shall be paid only for the time they serve. 
1903, c. 516. 



32 LAWS RELATi:\'G TO OYSTERS. 

2405. Duties of the oyster commissioner. The oyster commis- 
sioner shall have a general supervision over every branch of the oys- 
ter industry, and see that the laws regulating the same are rigidly 
enforced. He shall furnish the inspectors and the clerks of the supe- 
rior courts of the several counties mentioned in this subchapter such 
receipt and record books, and other kinds of stationery as may be 
necessary to keep a correct record and account of all the money 
collected and all information necessary to be kept. Such stationery 
shall be furnished by the commissioner of labor and printing upon 
requisition of the oyster commissioner. He shall see that the laAv reg- 
ulating the catching and handling of oysters is enforced ; that no 
illegal methods are used in catching, selling or shipping; that the 
cull law is rigidly enforced, and that only proper and legal meas- 
ures are used in buying and selling. He shall prosecute all viola- 
tions of the law, and whenever it is necessary he may employ counsel 
for this purpose. He may also employ or charter sail vessels, tugs 
and other boats when necessary to the performance of the duties of 
his office. He shall in his official capacity have power to administer 
oaths and to send for and examine persons and papers. He shall, 
on or before the twenty-fifth day of each month, mail to the treasurer 
of the state a consolidated statement showing the amount of taxes 
collected during the preceding month and by and from whom col- 
lected. Pie shall make a biennial report to the governor, setting 
forth in detail an account of his official acts, the condition of the 
oyster industry in all its branches, and shall recommend such addi- 
tions to or modifications of existing laws relating thereto as he may 
deem proper and necessary. He shall have power and authority and 
it shall be his duty to make and prescribe all such reasonable, rules 
and regulations as may be necessary and to carry into effect and 
operation the laws relative to the oyster industry according to its 
true intent and purposes. 

1903, e. 516, ss. 3, 18. 

2406. Duties of tiie assistant commissioner. The assistant oys- 
ter commissioner shall be charged with the special supervisioji, under 
the commissioner, of all matters relating to oyster industry in the 
different counties. He is particularly charged with the rigid enforce- 
ment of the cull feature of the law, the provisions against the use 
of illegal measures in buying or selling and the unlawful use of 
scoops, scrapes and dredges in the bays, creeks, straits, sounds, rivers 
and their tributaries and elsewdiere where the same is prohibited. 

1903, c. 516, s. 3. 

2407. Duties of inspectors. The inspectors shall, under the com- 
missioner and assistant commissioner, be charged with all matters 
relating to the oyster industry in their respective counties ; they 
shall inspect all oysters offered for sale in their county, see that they 



LAWS EELATIjN^G TO OYSTERS. 33 

are properly culled, see that none of the provisions of the law regu- 
lating the oyster industry are violated, collect all taxes from dealers 
on oysters purchased or caught; keep a correct record of all taxes 
collected by them and from whom and for what purpose collected; 
and on or before the fifth day of each month mail to the oyster com- 
missioner, a report, on such form as he may prescribe, showing all 
taxes collected by them and from whom received, and at the same 
time pay over to the commissioner the amount of such taxes. 
1903, c. 516, s. 3. 

2408. Who may be licensed to catch oysters. Xo person shall 

be licensed to catch oysters from the public grounds of the state who 
is owner, lessee, master, captain, mate or foreman, or who owns an 
interest in or who is an agent for any boat that is used or that may 
be used in dredging oysters from the public grounds of the state, who 
is not a bona fide resident of this state and who has not continuously 
resided therein for two years next preceding the date of his applica- 
tion for license, and no nonresident shall be employed as a laborer on 
any boat licensed to dredge oysters under this subchapter who has an 
interest in or who receives any profit from the oysters caught by any 
boat permitted to dredge oysters on the public grounds of the state. 
Any person, firm or corporation employing any nonresident laborer 
forbidden by this section, upon conviction shall be fined not less than 
fifty dollars nor more than five hundred dollars. 
1903, c. 516, s. 6; 1905, c. 525, s. 3. 

2409. How license obtained to catch oysters; who may issue; 

form of. Any person desiring to catch oysters from the public 
grounds and natural oyster beds shall make and subscribe to the 
following oath, before some officer qualified to administer oaths : 

I, (state if owner, lessee, master, captain, mate, foreman or agent of 

any boat used or that may be used in dredging oysters from the public grounds 
of the state), being an applicant -for oyster license, do solemnly swear that 
I am a citizen of North Carolina' and have been a resident of the state for the 

two years next preceding this day: that my place of residence is now in 

county; that I will not, if granted license, employ any nonresident or unlicensed 
persoii as an assistant or serve as an assistant to any nonresident Avho is owner, 
lessee, master, captain, mate or foreman, or who has any interest in, or in the 
profits derived from, any boat that is used or that may be used in dredging oys- 
ters from the public grounds of the state, or unlicensed person, nor will I transfer, 
assign or otherwise dispose of my license to any person, firm or corporation ; that 
I will not knowingly or wilfully violate or evade any of the laws or regulations 
of the state relating to oyster industry; so help me. God. 

He shall then present to and file said oath with the oyster commis- 
sioner, assistant oyster commissioner or inspector, who, if satisfied 
with the truth of the statement made in the oath of application, shall 
issue to him an ovsterman's license in the following form : 



34 LAWS RELATIIS^G TO OYSTERS. 

State of North Carolina, County. 

, a resident of county, having this day made applica- 
tion to me for an ojsterman's license, and having filed with me the oath pre- 
scribed by law, I do hereby grant to him license to catch oysters from the public 

grounds of this state from the fifteenth day of October, , until the first 

day of next April. Witness my hand and official seal, this the dav of 

19.... 

Oyster commissioner, assistant oyster commissioner or inspector (as the case 
may be) . 

The said oath and a record of the license shall be kept by the oys- 
ter commissioner, assistant commissioner or inspector, and for issu- 
ing and recording the same he shall receive from the applicant a fee 
of twenty-five cents, which, together with all other license fees col- 
lected under this chapter, shall be paid over to the state treasurer and 
constitute part of the oyster fund. ISTo fee shall be charged by the 
clerk for administering the oath. 

1903, c. 516, s. 7; 1905. e. 525, ss. 4, 6. 

N"ote. For making false affidavit, see Crimes. 

2410. License for boat used in catching oysters. The oyster 

commissioner, assistant oyster commissioner or inspector may grant 
license for a boat to be used in catching oysters, upon application 
made, according to law, and the payment of a license tax as follows : 
On any boat or vessel without cabin or deck, and under customhouse 
tonnage, using scoops, scrapes or dredges, measuring, over all, twenty- 
five feet and imder thirty, a tax of three dollars ; fifteen feet and under 
twenty feet a tax of two dollars ; on any boat or vessel with cabin or 
deck and under customhouse tonnage, using scrapes or dredges, meas- 
uring over all, thirty feet or under, a tax of five dollars ; over thirty 
feet a tax of six dollars; on any boat or vessel, using scoops, scrapes 
or dredges, required to be registered or enrolled in the customhouse, 
a tax of one dollar and fifty cents a ton on gross tonnage. No vessel 
propelled by steam, gas or electricity, and no boat or vessel not the 
property absolutely of a citizen or citizens of this state on the 
first day of January, one thousand nine hundred and three, or 
imless built or owned in this state subsequent thereto and actually 
owned by a bona fide resident of this state under this chapter, shall 
receive license or be permitted in any manner to engage in the catch- 
ing of oysters any^vhere in the waters of this state. All boats or 
vessels so licensed to scoop, scrape or dredge oysters shall display 
on the port side of the jib, above the reef and bonnet and on the 
opposite side of mainsail, ahoxe all reef points, in black letters, not 
less than twenty inches long, the initial letter of the county granting 
the license and the number of said license, the number to be 
painted on canvas and furnished by the oyster commissioner,, assist- 
ant oyster commissioner or inspector issuing the license, for which 
he shall receive the sum of fifty cents. Any boat or vessel used in 
catching oysters without having complied with the provisions of this 



LAWS EELATING TO OYSTERS. 35 

section may be seized, forfeited, advertised for twenty days at three 
public places in the county where seized, and sold at some public place 
designated in the advertisement, and the proceeds paid into the oyster 
fund. 

1903, c. 516, s. 8. 

2411. License to oyster dealers. The oyster commissioner, as- 
sistant oyster commissioner or inspector shall, upon application and 
the payment of a fee of fifty cents, grant to the applicant a dealer's 
license, authorizing the applicant to engage in the business of buying, 
purchasing, canning, packing, shucking or shipping oysters. Such 
license shall not be issued prior to the fifteenth day of October of any 
year and shall expire on the first day of April following. The assist- 
ant oyster commissioner or inspector granting the license shall at once 
mail a duplicate to the oyster commissioner. 

1903, c. 516, s. 9; 1905, c. 525, s. 6. 

2412. Licenses reported monthly. The oyster commissioner, as- 
sistant oyster commissioner or inspector who are authorized to issue 
license or to collect a license tax, shall, on or before the fifteenth 
day of each month, mail to the oyster commissioner a statement, 
showing all licenses issued during the preceding month, to whom 
issued and for what purpose, and the amount of tax collected by them 
from all sources under the oyster laws, and shall at the same time re- 
mit said amount direct to the state treasurer. They shall at the same 
time mail to each inspector asking for the same a list of all persons 
to whom license has been issued and of all boats or vessels licensed, 
and for what purpose. 

1903, e. 516, s. 4; 1905, c. 525, s. 6. 

2413. Dredging, when allowed; prohibited territory. Any bona 

fide resident of the state duly licensed according to law and using 
a licensed boat or vessel may use scoops, scrapes or dredges in catch- 
ing or taking oysters from the fifteenth day of l^Tovember in each 
year to the first day of April following, from the public grounds 
and natural oyster beds in the broad open waters of Pamlico sound, 
Pamlico river, ISTeuse river and Long Shoal river, except in those 
portions of said sound and rivers in which the use of such instru- 
ments and implements is prohibited as herein provided. N'o person 
shall use any implement or instrument except hand-tongs in catching 
oysters in any bay, river, creek, strait, or any tributary of such 
which border upon or empty into Pamlico sound, Pamlico river, or 
Long Shoal river, except as hereinafter provided; and any point 
inside of a line drawn from the farthest or extreme outward point of 
land or marsh on the one side to the farthest or extreme outward 
point of land or marsh on the opposite side of any creek, strait or bay, 
shall be construed to be within the said creek, strait or bay for 



36 LAWS EELATIXG TO OYSTERS. 

the purposes of this section. Xor shall any person use any imple- 
ment or instrument except hand-tongs in the waters of Pamlico sound 
from what is known as the lieef or Reefs in the eastern portion of 
said sound to the line of banks bordering its eastern shores ; nor 
along the shores of Pamlico county inside of a line beginning at Maw 
Point and running to the west end of Brant island, thence to Pamlico 
Point; nor in the waters of Pamlico sound north of a line running 
from Long Shoal light to Gull Shoal life-saving station, from the 
first day of Pebruary of each year to the fifteenth day of November, 
nor in any of the waters of Carteret county. And for the purpose 
of this section, the northern boundary of said county shall be a line 
extending from Swan Point to Harbor Island light, thence a line 
to Southwest Straddle light, thence a line to jSTorthwest Point light, 
thence a line to the middle of Ocracoke Inlet; nor in the waters of 
l^euse river above a line in said river running from Carbacon buoy 
to the western point of land at Pierce's creek. 
1903, c. 516, ss. 13, 14, 15; 1905, c. 507, s. 2. 

2414. Governor may suspend right to dredge. The governor, 

upon the request of the oyster commissioner, may, whenever in his 
judgment it is necessary, by proclamation, suspend entirely the use 
of all scoops, scrapes or dredges in any of the waters of the state, 
either for a definite period of time or until the sitting of the next 
general assembly. 
1903, c. 516, s. 19. 

241 5. Oysters culled on grounds. All oysters taken from the pub- 
lic grounds of this state, with whatsoever instrument or implement, 
shall be culled and all oysters whose shells measure less than two and 
one-half inches from hinge to mouth, except such as are attached to a 
large oyster and can not be removed without destroying the small oys- 
ter, and all shells taken with the said oysters shall be returned to the 
public ground when and where taken, and no oysters shall be allowed 
by the inspectors to be marketed which shall consist of more than 
ten per cent, of such small oysters and shells, except "coon" oysters 
and oysters largely covered with mussels : Provided, these' musseled 
oysters must not contain more than five per cent, of shells or small 
oysters under regulation size. 

^ 1903, c. 516, s. 11; 1905, c. 525. 

2416. Oysters not culled seized and put on public grounds. 

Whenever oysters are offered for sale or loaded upon any vessel, car 
or train, without having been properly culled according to law, the 
commissioner, assistant commissioner, or inspector shall seize the 
boat, vessel, car or train containing the same and shall cause the 
said oysters to be scattered upon the public gTOunds, and the costs 
and expenses of said seizure and transportation shall be a prior lien 



LAWS EELATING TO OYSTEES. 



to all liens ou said boat, vessel, car or train, and if not paid on 

demand the officers malcing the seizure shall, after advertisement for 

twenty days, sell the same and make title to the purchaser, and after 

paying expenses as aforesaid pay the balance, if any, into the oyster 

fund. 

1903, e. 516, s. 3. 

Note. For selling unculled oysters, see s. 2392. 

2417. Dimensions of oyster measure. All oysters measured in 

the shell shall be measured in a circular tub with straight sides and 
straight, solid bottom, with holes in the bottom not more than one- 
half inch in diameter. The said measure shall have the following 
dimensions : A bushel tub shall measure eighteen inches from inside 
to inside across the top, sixteen inches from inside to inside chimb to 
the bottom and twenty-one inches diagonal from inside chimb to 
top. All measures used for buying or selling oysters shall have a 
brand, to be adopted by the oyster commissioner, stam]3ed therein 
by said commissioner, assistant commissioner, or his lawful inspect- 
ors. All measures found in the possession of any dealer not meet- 
ing the requirements of this section shall be destroyed by said oys- 
ter commissioner, assistant commissioner or inspector. 

1903, c. 516, s. 12. 

2418. Dealers to keep records. All persons engaged in buying, 
packing, canning, shucking or slii])ping oysters shall keep a perma- 
nent record of all oysters either bought or caught by them, or by 
persons for them, when and from whom bought, the number of 
bushels and the price paid therefor. All these records shall at all 
times be open to the examination and inspection of the oyster com- 
missioner, assistant oyster commissioner and inspector, and upon 
request shall be verified by the parties making them. 

1903, c. 516, s. 5. 

2419. Purchase tax. All dealers in oysters and all persons who 
purchase oysters for canning, packing, shucking or shipping shall 
pay a tax of one and one-half cents on every bushel of oysters pur- 
chased by them, or caught by them, or any one for them : Provided, 
that coon oysters shall be taxed one-half a cent a bushel only ; and 
no oysters shall be twice taxed. This tax shall be paid to and col- 
lected by the inspectors, and when paid a receipt shall be given 
therefor. Upon failure or refusal by any person, firm or corporation 
to pay said tax, his license as a dealer shall at once become null and 
void, and no further license shall be granted him during the current 
year, and it shall be the duty of the commissioner, assistant commis- 
sioner or inspector to institute suit for the collection of said tax. 
Such suit shall be in the name of the state of North Carolina on 
relation of the commissioner or of the inspector at whose instance 



38 LAWS KELATIXG TO OYSTERS. 

such suit is instituted, and the recovery sliall be for the benefit and 
to the use of the general oyster fund. 
1903, e. 516, s. 10; 1905, c. 507. 

2420. Vessels with oysters, when allowed to go through canals. 

Xo boat or vessel loaded with oysters shall be permitted by the 
inspectors of South Mills and Coinjock to pass through the canals, 
which do not have a certificate showing that the cargo has been 
inspected and the tax paid thereon. 
1903, c. 516, s. 17. 

2421. Shells scattered on oyster beds. The oyster commis- 
sioner is hereby empowered to expend one-half of the balance to 
the credit of the oyster fund on the fifteenth day of April in each 
year for the purpose of buying oyster shells and scattering the same 
on the natural oyster grounds of the state during the months of 
April and May. 

1903, c. 516, s. 20. 

2422. Oyster funds kept separate, how paid out. The treasurer 

of the state shall keep all funds derived from the oyster industry 
separate and apart from other funds in the treasury and shall pay 
the same out only upon the warrant of the auditor, and the auditor 
shall issue no warrant on said fund in payment of any claim unless 
the same shall have been first approved by the oyster commissioner. 
1903, c. 516, s. 20. 

V. Clams. 

2423. Clams. If any person between the first day of April and 
the first day of Xovember of any year shall take any clams from the 
M^aters of Brunswick, Xew Hanover or Pender counties for the pur- 
pose of shipping, selling, marketing, or for bedding or pounding 
the same in any artificial bed, or if any person shall take or catch 
any oysters in the waters of Carteret county by dredging or scoops, 
or in any manner other than with the ordinary clam rake-, or tongs, 
or if any nonresident shall take or catch any clams, he shall be guilty 
of a misdemeanor. 

1901, c. 113; 1897, c. 333; 1899, c. 579; 1903, cc. 131, 414, 658, 732. 



2928. May establish and regulate markets; street sales free, 

when. The board of commissioners may establish and regulate their 
markets, and prescribe at what place, within the corporation, shall 
be sold marketable things ; in what manner, whether by weight or 
measure, may be sold gTain, meal or flour (if the flour be not packed 
in barrels), fodder, hay, or oats in straw; may erect scales for the 



LAWS EELATIXG TO OYSTERS. 30 

purpose of weighing the snme, appoint a Aveigher, fix his fees, and 
direct by whom they shall be paid. But it sliall not be lawful for 
the commissioners or other authorities of anj town to impose any 
tax whatever on wagons or carts selling farm products, garden truck, 
fish and oysters on the public streets thereof. 

Code, s. 3801 ; II. C. c. 111. s. 14 ; 1879, c. 17G. Revisal of 1905, p. 88."). 

3444. Food misbranded or adulterated. If any person shall him- 
self or by an agent or employee manufacture, sell, expose for sale, or 
have in his possession with intent to sell any article of food which is 
adulterated or misbranded, he shall be guilty of a misdemeanor, and 
shall be fined not exceeding two hundred dollars or be imprisoned not 
exceeding one year, or both. * ^ -^ 

For the purpose of this section an article of food shall be deemed 
adulterated — * * "' 

S. If -^ * -^ In eases of meats, oysters or fish sold or oft'ered 
for sale in the fresh state, if such meats, oysters or fish shall have been 
inoculated, dusted, powdered, sprayed, rubbed, anointed, washed, 
sprinkled or fumigated, or in any manner treated with any of the 
substances declared deleterious and dangerous by this section, or with 
any antiseptic or chemical preservative or dye-stuff whatsoever, whose 
use and apparent purpose is to retard, prevent or mask decomposition, 
or to give to the meat, oysters or fish a false appearance of freshness 
or quality. * " '" 

1895, c. 122; 1899, c. 86, ss. 2-6: 1899, c. 369: 1905, c. 306, ss. 3 and 4. 



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